Songwriter Contract Agreement

POPULAR SONGWRITERS CONTRACT

The Songwriters Guild of America

Note to songwriters: (A) Do not sign this contract if it has any changes unless you have first discussed such changes with the Guild; (B) For your protection please send a fully executed copy of this contract to the Guild.

AGREEMENT made this day of , 20, between

(hereinafter called "Publisher") and

(Jointly and/or hereinafter collectively called "Writer");

WITNESSETH:

1. The Writer hereby assigns, transfers and delivers to the Publisher a certain heretofore unpublished original musical composition, written and/or composed by the above-named Writer now entitled (hereinafter referred to as "the composition"), including the title, words and music thereof, and the right to secure copyright therein throughout the entire world, and to have and to hold the said copyright and all rights of whatsoever nature thereunder existing, for years from the date of this contract or 35 years from the date of the first release of a commercial sound recording of the composition, whichever term ends earlier, unless this contract is sooner terminated in accordance with the provisions hereof.

2. In all respects this contract shall be subject to any existing agreements between the parties hereto and the following small performing rights licensing organization with which Writer and Publisher are affiliated:

(ASCAP, BMI, SESAC). Nothing contained herein shall, or shall be deemed to, alter, vary or modify the rights of Writer and Publisher to share in, receive and retain the proceeds distributed to them by such small performing rights licensing organization pursuant to their respective agreement with it.

3. The Writer hereby warrants that the composition is his sole, exclusive and original work, that he has full right and power to make this contract, and that there exists no adverse claim to or in the composition, except as aforesaid in Paragraph 2 hereof and except such rights as are specifically set forth in paragraph 23 hereof.

4. In consideration of this contract, the Publisher agrees to pay the Writer as follows:

(a) $ as an advance against royalties...

(b) In respect of regular piano copies sold and paid for in the United States and Canada, the following royalties per copy:

% ... first 200,000 copies or less;

% ... copies in excess of 200,000 and not exceeding 500,000;

% ... copies in excess of 500,000.

(c) % ... of all net sums received by the Publisher in respect of regular piano copies...

(d) In respect of each copy sold and paid for in the United States and Canada, or for export from the United States, of orchestrations, band arrangements, octavos, quartets, arrangements for combinations of voices and/or instruments, and/or other copies of the composition (other than regular piano copies) the following royalties on the wholesale selling price (after trade discounts, if any):

% ... first 200,000 copies or less;

% ... in excess of 200,000 and not exceeding 500,000;

% ... in excess of 500,000.

(e) Song book / folio royalty provisions continue as stated in the original contract.

(f) "Professional material" provisions continue as stated in the original contract.

(g) % (in no case less than 50%) of all gross receipts of the Publisher in respect of licenses and other rights.

(h) Licensing agent deduction provisions continue as stated in the original contract.

(i) Bulk or block license provisions continue as stated in the original contract.

(j) Television and other non-customary use provisions continue as stated in the original contract.

(k) Consent and notice provisions continue as stated in the original contract.

(l) Trust fund provisions continue as stated in the original contract.

(m) Financial benefit participation provisions continue as stated in the original contract.

(n) Name inclusion provisions continue as stated in the original contract.

5. Whenever the term "Writer" is used herein, it shall be deemed to mean all of the persons herein defined as "Writer"...

6. (a) (i) The Publisher shall, within months from the date of this contract...

(ii) If, prior to the expiration of the initial period, Publisher pays the Writer the sum of $ ... additional months...

(iii) Upon termination pursuant to this Paragraph 6(a)...

(c) The Publisher shall [Select (i) or (ii)] (i) within 30 days after the initial release ... (ii) within 30 days after execution ...

7. Foreign rights and copyright provisions continue as stated in the original contract.

8. Re-assignment and termination provisions continue as stated in the original contract.

9. Additional rights notice provisions continue as stated in the original contract.

10. Royalty statement and remittance provisions continue as stated in the original contract.

11. Inspection and audit provisions continue as stated in the original contract.

12. Default and arbitration notice provisions continue as stated in the original contract.

13. Derivative work provisions continue as stated in the original contract.

14. Written demand and notice provisions continue as stated in the original contract.

15. Infringement action provisions continue as stated in the original contract.

16. Claim and escrow provisions continue as stated in the original contract.

17. Arbitration provisions continue as stated in the original contract.

18. Assignment and transfer restrictions continue as stated in the original contract.

19. Affiliate definition provisions continue as stated in the original contract.

20. Blank space amounts and percentages are deemed agreed upon unless inserted otherwise.

21. This contract is binding upon successors and modifications must be in writing.

22. Paragraph headings are for convenience only.

23.